is it better to pay your restitution before sentenced to do so??? will they be more lenient (sp) to you during sentencing? even if it is just a week or so before your sentencing date?
2007-01-17 11:48:49 · 8 answers · asked by therealjenn0385 1 in Politics & Government ➔ Law Enforcement & Police
In California, you have to pay restitution to the victim anyway. So might as well get it out of the way now. In any case, it is absolutely the right thing to do. Often times, it is one of the things that DAs care about (albeit not the only thing). Moreover, it shows that you took responsibility. It also makes the victim happy and means that the victim will be less likely to show up in court and whine about how you hurt them. Believe me, whenever I've seen a victim show up in court to a sentencing (which doesn't happen often), it really makes an impression on the judge. But paying restitution also makes you look like a good guy. This will take the wind out of the DA's sails and will give your attorney one more argument to make to ensure less time. Also, it'll be one less thing for the probation officer to worry about and they will get on your case about it. Absolutely do it if you can.
2007-01-17 16:05:00 · answer #1 · answered by Erik B 3 · 0⤊ 0⤋
If he was ordered to pay back the full amount (which he likely was) then he has to pay back the full amount, regardless of whether he is in jail or on probation or not. Just because he is now out off probation does not mean that he is now off the hook to pay back what he stole. It isn't double jeopardy, because the sentences were imposed at the same time relating to the same crime. Most crimes carry time and fees. He wasn't sentenced twice, he was sentenced once, with 2 different aspects to the sentence. You don't seem to understand double jeopardy at all, you have no legal case or argue to prevent him from getting out of the restitution. Just because you think your logic makes sense, doesn't make it a legally valid argument, because you don;t understand the basic legal principle behind your argument.
2016-05-24 01:41:24 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, it's always better.
1. You owe it morally.
2. If you have it paid you may not have to be supervised on probation.
3. Paying it shows that you know you did something wrong and you're trying to make it right.
4. The victim is less likely to come to court mad at you if the restitution is paid before court.
2007-01-17 12:25:06 · answer #3 · answered by RangerEsq 4 · 1⤊ 0⤋
Trying to do right by those you've wronged can only help you when it comes to sentencing. If you pay restitution, it seems more than a little unlikely that they would then sentence you to pay it as well.
2007-01-17 12:03:31 · answer #4 · answered by Doc Cohen 3 · 0⤊ 0⤋
Any positive action prior to sentence is a good thing. If you know the proper amount of restitution and you are going to have to pay it anyway, do it.
2007-01-18 00:26:21 · answer #5 · answered by Tom M 3 · 0⤊ 0⤋
Can't say if they will be more lenient, but it sure can't hurt. If you are able to pay the restitution off, do it. This will be one less worry that you will have, and it is the right thing to do.
2007-01-17 12:01:31 · answer #6 · answered by Nancy W 3 · 0⤊ 0⤋
I would wait until you are ordered to do so. Mainly because if you pay through the court system, there will be an accurate record of your payment schedule. Good Luck.
2007-01-17 14:09:20 · answer #7 · answered by mikey 3 · 0⤊ 0⤋
Yes, if you show remorse by paying back what you illegally took, it will bode well for you in court.
2007-01-17 22:55:42 · answer #8 · answered by WC 7 · 0⤊ 0⤋